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1. BL v DQ [2020] NZDT 1303 (12 November 2020) [pdf, 189 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 28 days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determination...

2. Taueki - Horowhenua 11 (Lake) Māori Reservation (2005) 154 Aotea MB 96 (154 AOT 96) [pdf, 353 KB]

   ...Board ("the Board") on 1 June, Barry Gilliand of the Manawatu-Wanganui Regional Council on 2 June and James Broughton on 14 June last. All responses oppose the application for interlocutory injunction. Applicant's case Fronl the affidavit of the Applicant filed in support I have discerned that the principal issues raised therein concern matters of consultation and mandate. For example on page 3 at paragraph 6 the Applicant states: ('6. The Board has regularly give...

3. Xu v Tian [2018] NZIACDT 49 (10 December 2018) [pdf, 105 KB]

   ...benefit of the complainant as quickly and as inexpensively as possible. The complainant did not need to take any alternate action, no harm was suffered by her and she promptly withdrew her complaint. Furthermore, Ms Tian was open and frank in her affidavit sworn on 6 December 2016. She was contrite and admitted that she had taken “her eye off the ball”. [8] It is submitted by Mr Jenkin that the principal issue, given the level of offending, is to ensure that it does not hap...

4. Dotcom v Crown Law Office (Application for Compliance Orders) [2018] NZHRRT 29 [pdf, 229 KB]

   ...2018. [3.2] Failing that, a declaration that the Crown: [3.2.1] Is in breach of the Tribunal’s orders; [3.2.2] Has engaged in abuse of process; and 4 [3.2.3] Further interfered with Mr Dotcom’s privacy. [3.3] That the Crown file an affidavit or affidavits setting out what (if any) steps have been taken and when to procure information held by former Ministers. [4] Filed in support of the application is a detailed memorandum dated 26 June 2018 (27 pages) and a 71 page bu...

5. Otago Regional Council [2021] NZEnvC 20 (s 281 Application - Willowridge Developments) [pdf, 102 KB]

   ...development. Together with related companies, Willowridge has brought on average between 50-100 residential sections to the market annually, with new subdivisions on foot in Wanaka, Dunedin and Hawea. 3 [5] Willowridge supports its case with an affidavit of Alison Devlin, general manager – planning and development of the company.1 [6] Due to the scale of its developments, all of Willowridge’s residential subdivisions to date have involved earthworks triggering the volumet...

6. [2021] NZEnvC 020 Otago Regional Council [pdf, 104 KB]

   ...development. Together with related companies, Willowridge has brought on average between 50-100 residential sections to the market annually, with new subdivisions on foot in Wanaka, Dunedin and Hawea. 3 [5] Willowridge supports its case with an affidavit of Alison Devlin, general manager – planning and development of the company.1 [6] Due to the scale of its developments, all of Willowridge’s residential subdivisions to date have involved earthworks triggering the volumet...

7. [2021] NZEmpC 13 Edwards v Recreational Services Ltd [pdf, 206 KB]

   ...before turning to his ability to pay. Care is required in this exercise because at such an early stage of the proceeding only a general impression can be gained and a different picture may emerge during a hearing. [15] While both parties filed affidavits, what was said in them concentrated on Mr Edwards’ ability to pay. They did not traverse in any way what was said to have happened when Mr Edwards was employed and throughout his employment. The Authority’s conclusions were...

8. Beauchamp v B & T Co (2011) Ltd (Application for Interim Non-Publication Orders) [2019] NZHRRT 46 [pdf, 440 KB]

   ...allegation. [7] The substantive hearing of this matter is to commence on 18 November 2019. Grounds for the application [8] The grounds for this interim application are set out in the defendant’s application dated 20 August 2019 and in the affidavit of Bing Du in support of that application dated 6 September 2019. In summary they are: [8.1] Adzuki Bean Café can be identified as linked to these proceedings as B & T Co (2011) Ltd publicly trades as Adzuki Bean Café and Res...

9. [2021] NZEmpC 73 Sfizio Ltd v Freeborn [pdf, 213 KB]

   ...consider that some of the components of counsel’s assessment are excessive in the circumstances, particularly those relating to the steps taken in connection with the application to join third parties – for instance, two days to prepare an affidavit in support, two days for the preparation of submissions, and three days for the preparation of the statement of claim against third parties, and third-party notices. [22] Third, it is necessary to consider the extent to which costs s...

10. [2020] NZEmpC 80 Smartlift Systems Ltd v Armstrong & Anor [pdf, 216 KB]

    ...the successful litigant to have the benefits of any determination being challenged and those of the party challenging a determination to have the position preserved in case the challenge succeeds.3 Evidential issues [8] The parties provided affidavit evidence and submissions. [9] Initially, the defendants’ opposition to the amended application for stay focused on the point that, prima facie, they were entitled to the money awarded by the Authority. [10] But it was also su...